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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent.

Summary

Sunita Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 50 litres of liquor from a motorcycle she owned. She contended that she had no knowledge of the liquor being in the vehicle and that she was not in possession of it, emphasizing her clean antecedent and gender. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned it on verification of her criminal antecedent by the trial court. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor.
  • Whether ownership of the vehicle suffices to implicate the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482
  • vehicle ownership
  • possession
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18615 of 2026
                       Arising Out of PS. Case No.-367 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Sunita Devi W/o- Parma Nut R/v- Dhenuki Maniya Ps- Panapur Dist- Saran
                 at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 50 liters of liquor from a motorcycle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and she came to

                   be implicated based on the fact that she is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.18615 of 2026(2) dt.16-04-2026
                                            2/3




          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that her friend would misuse the vehicle in the manner as

          alleged. It is next submitted that it is not the case of the

          prosecution that they saw a woman fleeing from the place of

          occurrence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Panapur

          P.S. Case No. 367 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this
            Patna High Court CR. MISC. No.18615 of 2026(2) dt.16-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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